Lefebure, 071817 WVAGO, AGO 071817

Case DateJuly 18, 2017
CourtWest Virginia
Honorable Pat Lefebure
AGO 071817
No. 071817
West Virginia Attorney General Opinions
State of West Virginia Office of the Attorney General
July 18, 2017
         Honorable Pat Lefebure          Wood County Prosecuting Attorney          Donald F. Black Courthouse Annex          317 Market Street          Parkersburg, WV 26101          Dear Prosecutor Lefebure:          You have asked for an Opinion of the Attorney General concerning the scope and applicability of West Virginia Code § 8-33-3, which governs, inter alia, the membership of municipal and county building commissions. This Opinion is being issued pursuant to West Virginia Code § 5-3-2, which provides that the Attorney General may "consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office . . . ." To the extent this Opinion relies on facts, it is based upon the factual assertions set forth in your correspondence with the Office of the Attorney General.          In your letter, you ask about the effect of a prohibition in West Virginia Code § 8-33-3 on the current members of the Wood County Building Commission. That provision states, in pertinent part, that "no member of [a building commission] shall hold any office (other than the office of notary public) or employment under the United States of America, the state of West Virginia, any county or political subdivision thereof, or any political party." You explain that the three current members of the Wood County Building Commission are "members of other boards," including the "Parkersburg Planning Commission, [the] Wood County Sheriffs Civil Service Commission, [the] Wood County Recreation Commission, and the West Virginia Industrial Council."          Your letter raises the following legal question:
Does West Virginia Code § 8-33-3 prevent the identified individuals, who serve on other State, county, or municipal boards, from serving as members of a building commission?
         We conclude that West Virginia Code § 8-33-3 prohibits the identified individuals from serving as members of the...

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